Unilateral divorce is a case where a husband or wife files an application at the Court to request a divorce settlement. Accordingly, the unilateral divorce procedure and the provisions to be noted will be thủ tục ly hôn consulted by us through the article below.
Procedures for unilateral divorce shall comply with the following provisions:
Subjects requested for divorce
1. Wife or husband;
2. Parents and other relatives have the right to request the Court to settle a divorce when one of the spouses, due to mental illness or other diseases, cannot perceive and control his/her own behavior. are victims of domestic violence caused by their husbands and wives, seriously affecting their lives, health and spirit.
Note: The husband does not have the right to request a divorce in case the wife is pregnant, giving birth or raising a child under 12 months old.
Dossier to request divorce settlement:
1. Application for divorce;
2. ID card/CCCD/Passport and household registration (certified copy);
3. Marriage certificate (certified copy);
4. Birth certificate, if there are children (certified copy);
5. Copies of vouchers and documents on property ownership (if there is a property dispute);
6. If two parties get married in Vietnam, and then the spouse exits abroad (the address cannot be found), there must be a local government’s certification that one of the parties has exited the country and has deleted its name in the law. Household;
7. If the two parties who have registered their marriage under foreign law want to get a divorce in Vietnam, they must have the marriage registration certificate legalized by a consular officer and carry out the procedures for making notes in the register at the Department of Justice before submitting an application. divorce.
Competence to settle unilateral divorce:
According to the provisions of Clause 1, Article 35 of the 2015 Civil Procedure Code, when there is a request for divorce, the requester shall file the application at the People’s Court of the place where the defendant resides and works.
At the same time, according to the provisions of Article 39 of the Civil Procedure Code 2015, marriage and family disputes will be resolved according to first-instance procedures at the district-level People’s Courts.
However, in cases where there are involved parties or assets abroad or it is necessary to entrust the judiciary to a Vietnamese representative mission abroad, a court or a competent authority of a foreign country, the jurisdiction The first instance shall belong to the People’s Court of the province, unless the spouse is a Vietnamese citizen residing in the border area with the other party being a citizen of a neighboring country residing in the border area with Vietnam. Male.
Time limit for unilateral divorce settlement:
Divorce unilateral procedures will be handled like civil cases. Accordingly, the time limit for trial preparation: From 4 to 6 months from the date of acceptance of the case. Time limit for opening a court session: From 1 to 2 months from the date of the decision to bring the case to trial.
When a spouse requests a divorce but the conciliation at the court is unsuccessful, the court shall grant the divorce if there are grounds for the fact that the husband or wife commits acts of domestic violence or seriously violates the rights and obligations of the spouse. Husband and wife make the marriage fall into serious condition, living together cannot be prolonged, the purpose of marriage is not achieved.